In a significant stride towards safeguarding employee rights and promoting workplace inclusivity in the UAE, Federal Decree Law No. 33 of 2021 has laid down comprehensive regulations to prevent discrimination against employees based on mental health conditions. The law not only bars employers from terminating contracts on such grounds but extends its reach to prevent the denial of promotions as well.
Under the provisions of Article 4, which addresses “Equality and Non-Discrimination,” the law stipulates that: “Any discrimination on the basis of race, colour, sex, religion, national or social origin or disability which would have the effect of nullifying or impairing equality of opportunity, or prejudicing equal treatment in the employment, the maintenance of a job and the enjoyment of its benefits, is prohibited. Employers are prohibited to discriminate against workers in jobs involving similar tasks.”
Additionally, Article 46, within the same law specifically tackles the termination of an employee’s service due to perceived lack of health fitness. If an employee, despite grappling with a mental or health condition, remains capable of effectively fulfilling their job responsibilities, the employer is prohibited from terminating their service. The article emphasizes that any contrary agreement attempting to circumvent this provision is null and void, regardless of its timing in relation to the law’s enforcement.
“The employer may not terminate the worker’s service due to his lack of health fitness before using the legally accrued leaves. Each agreement to the contrary shall be null and void, even if it is concluded prior to the enforcement of the provisions hereof,” it stated.
This mandate ensures that employers must provide reasonable accommodation to support employees until they recuperate from their ailment, all within the timeframe set by Article 31, which outlines the parameters for sick leave. This timeframe stands at a maximum of 90 days, providing a window during which employers are legally obligated to accommodate the needs of the affected employees.
The New Labour Law serves as a crucial step towards eradicating discrimination against employees with mental health conditions, fostering a more equitable and compassionate work environment. As employers are held accountable to uphold these rights, it is expected that this legislation will contribute to the overall well-being and inclusivity of the workforce across the nation.
Where to seek help
In an online interview with The Filipino Times, Atty. Barney Almazar, director at Gulf Law in the UAE, Philippines, UK and Portugal, advised employees to communicate their mental health concerns to their company’s HR department or a supervisor. This proactive step allows the company to extend the necessary support and accommodations to the employee while ensuring that confidentiality is maintained.
“Letting the company know about their mental health can help the employee access resources and support services that the company might offer such as counselling, therapy, and other resources to help employees manage their mental health. This will also prevent the condition from worsening to the point where it negatively affects work relationships,” Atty. Almazar said.
“If an employee’s mental health condition affects the ability to perform his job, he is entitled to take a sick leave of up to 90 days,” he added.
Moreover, Atty. Almazar stressed that employees need not fret about their privacy being compromised, as employers are legally bound to uphold the confidentiality of such information. It is also worth highlighting that disclosing a mental health condition is entirely optional and remains a personal decision.
